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EASTERN CONCRETE MATERIALS, INC. v. TARRAGON EDGEWATER ASSOCIATES, LLC

No. A-0067-07T3

955 A.2d 962 (2008)

402 N.J. Super. 583

EASTERN CONCRETE MATERIALS, INC., Plaintiff-Appellant, v. TARRAGON EDGEWATER ASSOCIATES, LLC; and Nigo Construction Corp., Defendants, and Daibes Brothers, Inc., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided September 16, 2008.

Attorney(s) appearing for the Case

Craig W. Miller, argued the cause for appellant.

Carolyn B. Hand, Hackensack, argued the cause for respondent (Herten, Burstein, Sheridan, Cevasco, Bottinelli, Litt & Harz, attorneys; Patrick Papalia, of counsel; Ms. Hand, on the brief).

Before Judges STERN, C.L. MINIMAN and KESTIN.

The opinion of the court was delivered by

KESTIN, J.A.D. (retired and temporarily assigned on recall).

Plaintiff, Eastern Concrete Materials, Inc., appeals from an order of August 2, 2007 granting the motion of defendant Daibes Brothers, Inc. (Daibes) for reconsideration of an April 12, 2007 judgment on an order to show cause, entered pursuant to R. 4:67-5; vacating that order and judgment; holding that plaintiff "is not a valid and rightful lien claimant...

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